COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT Between Harbourfront Corporation 1990 [C.O.B Harbourfront Centre] (Hereinafter "HC") -and- THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS and ALLIED CRAFTS of the UNITED STATES, its TERRITORIES and CANADA, Local 58, TORONTO (Hereinafter the "Union") HC IATSE Final HC Union

2 ARTICLE 1 -PURPOSE 1.1 The general purpose of this Agreement between Harbourfront Centre and the Union is to establish and maintain: a) Orderly collective bargaining relations; b) A procedure for the resolution of grievances; c) Satisfactory working conditions, hours of work and wages as herein provided for all employees who are subject to the provisions of this Agreement ARTICLE 2- RECOGNITION AND JURISDICTION 2.1 This agreement shall cover all stage employees of Harbourfront Corporation ( 1990) o/a Harbourfront Centre working at the Enwave Theatre located at 231 Queens Quay West, in the city of Toronto save and except non-working supervisors and persons above the rank of non-working supervisors. 2.2 HC recognizes the Union as the sole collective bargaining agent for all employees described in paragraph 2.1 above in respect of wages, hours of work and other working conditions. 2.3 (i) Stage technicians below the rank of Assistant Technical Director employed by HC shall perform all work requiring the set-up, installation, operation, maintenance and take-down of all theatrical equipment used in the Enwave Theatre in the City of Toronto, except as expressly excluded in this Article. Stage technicians shall perform all work related to the configuring of auditorium seating except for configuring wheelchair accessible seating which shall be the responsibility of Front of House staff. In the event HC is to provide wardrobe person(s) then such person(s) shall be supplied by the Union. Nothing in this Article or this Collective Agreement precludes or limits the right of the Assistant Technical Director, Associate Technical Director, Technical Director, Assistant Production Manager or Production Manager to perform work in accordance with the present practice in connection with set-up, take down or maintenance. (ii) Notwithstanding Article 2.3(i), the following activities are expressly excluded from the scope of this Agreement: a) any perlormance activity that does not require continual technical assistance; and b) any non-perlormance activity including, but not limited to: i. training and educational activities; ii. events such as receptions, meetings, auditions, workshops, lectures; iii. rehearsals and new work development. iv. children's camp related activities. (iii) (iv) Notwithstanding Article 2.3(ii), where non-performance activity requires continual technical assistance, such work will be performed in accordance with the terms of this Collective Agreement. For the purpose of this Article, "continual technical assistance" means where there is a need for technical support during the course of the event or activity, and does not include work limited to the minimal set-up or take-down activity for such event or activity.

3 2A HC has the right to assign technicians who are members of the bargaining unit to perform work that is not otherwise subject to this Collective Agreement as outlined above. While so employed, the assigned technician shall continue to be covered by this agreement and shall be entitled to be paid the wages and benefits provided in this Agreement. The assignment of bargaining unit members as herein provided shall neither extend or otherwise change the Union's bargaining rights under this Agreement nor change the work covered by his Collective Agreement and shall not obligate HC to utilize members of the bargaining unit to perform said work at any time in the future. 2.5 Nothing in this Agreement shan be interpreted to prevent or preclude the participation of a supervisory designer or specialized employee of an equipment supplier in the detailed adjustment of any theatrical scenery, properties, electrical effects, sound equipment, projecting apparatus, P.A. system, and specialized computer I IT equipment during the load-in, set-up and run of a production. The intent of this provision is not to displace any technician who is qualified to perform said work. ARTICLE 3 - UNION SECURITY 3.1 HC agrees, subject to the terms of the Agreement, to only hire employees supplied by the Union to perform the work that is covered by this Collective Agreement. 3.2 The Union agrees to supply qualified stage technicians to perform such work as is required in the venue and, subject to the right of HC to break the crew in accordance with the terms of this Agreement, the Union further agrees to supply the same technicians for performances as for rehearsals of a production and substitutes will only be made in cases of illness, injury or any other mutually agreed upon time off. 3.3 HC may refuse to employ and may demand a replacement for any stage technician. The Union and the technician will be informed of the reason for the refusal to employ or the demand for the replacement at the time HC may employ contractors to perform work that requires the competence of special contractors, and is outside the normal competence of the Union, including but not limited to all electrical, sound, plumbing, and structural installations. 3.5 HC user groups will be permitted to have representatives to supervise, direct and assist HC technicians in the loading in, setting up, and loading out of the user group's own equipment and theatrical sets. The intent of this provision is not to displace any technician who is qualified to perform said work. ARTICLCE 4- MANAGEMENT RIGHTS 4.1 Subject to only those specific limitations expressly contained in this Agreement, all rights and prerogatives of Management are retained by HC and are exclusively within the powers of HC and its Management. Without limiting the generality of the foregoing, the rights of HC shall specifically include, but shall not be limited to: a) The right to make, alter and enforce rules and regulations, policies and practices to be observed by its technicians. b) The right to hire and direct the technicians; to schedule the technicians; to plan, direct and control its operations. In managing the theatre management is not bound to continue past practices as to staffing levels, scheduling or other operations and methods. c) The right to determine the extent of its operations and their commencement, expansion, curtailment or discontinuance; to determine the work to be done; to determine the methods and procedures to be used to ensure security of the property of HC and generally to manage the undertaking and its business without interference.

4 d) The right to discipline/discharge technicians. The Union will be provided with a copy of any written discipline imposed. e) The right to refuse to employ or demand replacement for any technician in an intoxicated condition. f) The right to discharge and lay off technicians in accordance with the terms of this agreement (refer to termination article). 4.2 In administering this Agreement, HC and the Union shall act reasonably, fairly, and in a manner consistent with the Agreement as a whole. ARTICLE 5 -ARBITRATION 5.1 HC and the Union recognize that the grievance procedure is among the most important matters in the successful administration of this Agreement. The purpose of this Article is to establish a procedure for the settlement of legitimate grievances in a timely manner. 5.2 It is agreed that a grievance shall not be filed until one party has first given the other party the opportunity to address the complaint or dispute relating solely to this Agreement. This shall be done by raising the complaint or dispute orally with the immediate supervisor of the employee if it is an employee's grievance or by the union and/or HC raising their dispute orally with the party opposite's representative. 5.3 If after raising a complaint with HC and the Union the complaint is not resolved, the following procedure shall be followed: a) A written grievance shall be submitted to HC and the Union within fifteen (15) business days of the incident giving rise to the complaint. b) The written grievance shall specify the Article(s) of the Agreement aneged to have been violated, contain a statement of facts and explanation, indicate the relief sought, and be signed by the Union. c) HC and the Union shall provide a response within fifteen (15) business days of receipt of the written grievance. Time limits in the grievance procedure are mandatory but may be extended by mutual agreement in writing between HC and the Union. Business days shall be defined as Monday to Friday and exclude Saturdays, Sundays and Holidays. 5.4 Where the parties are unable to settle the grievance to their mutual satisfaction, either party may notify the other party of its desire to submit the grievance to arbitration. The parties shall endeavor to agree upon the sole arbitrator within thirty (30) calendar days of the circumstances giving rise to the grievance being known or should have been known. If no agreement on the appointment of an arbitrator is reached, either party can request the Minister of Labour of Ontario to appoint an arbitrator in accordance with the Labour Relations Act. 5.5 The arbitrator shall (unless the parties otherwise agree) schedule a hearing within 45 days of being contacted. The decision of the arbitrator is final and binding upon the parties and upon any technician affected by the grievance. 5.6 The fees and expenses of the arbitrator shall be shared equally by the parties. 5.7 The arbitrator shall have no power to alter, amend or modify this Agreement, nor to make any decision inconsistent with the provisions of this Agreement. ARTICLE 6 -STRIKE AND LOCK-OUT

5 6.1 The Union shall not cause nor permit any technician to cause any strike or picketing at the Enwave Theatre during the term of this Agreement nor shall HC cause, engage or permit a lock-out at the Enwave Theatre during the term of this Agreement. 6.2 The word "strike" and the word "lock-our as used in this Article shall have the same meaning given to those words in the Ontario Labour Relations Act, 1995 S0.1995,c.1. ARTICLE 7- HOURS OF WORK, MINIMUM CALLS 7.1 Four ( 4) hours shall constitute the minimum work call for all work other than a Performance Call, except where no other work calls or Performance Calls are scheduled to commence for technicians on that day, in which case five (5) hours shall constitute the minimum work call. 7.2 Technicians shall be paid for all performances at the performance rate. A Performance Call shall be deemed to be a work period of three and one-half (31/2) hours starting at show call. Show call is defined as one (1) hour prior to the scheduled start of the performance. Any work related to the performance, such as but not limited to cleaning the stage, clearing or resetting props, instruments or set pieces, Q and A sessions, may be done during the period of a Performance Call. 7.3 The Performance Call may be extended for a maximum of one (1) hour before and one (1) hour after the performance for any purpose related to the performance. For the purpose of a load-out, the performance call may be extended for a maximum of two (2) hours provided that additional technicians are not added to the crew. All extensions to the Performance Call shall be paid at the applicable hourly rate. 7.4 An event for which the Performance Call is applicable is limited to the..e,y_bjjc presentation of a theatrical stage or dance production or a ~s rehearsal for a theatrical stage or dance production and the public presentation of a concert or comedy, but does not include lectures, meetings. seminars, trade presentations, motion pictures, public video, or slide presentations or any other event that is not expressly designated as a performance by HC. At the request of the Union, HC agrees to consult with the Union over whether a particular trade presentation should be designated as a performance by HC. A dress rehearsal shall only be considered a performance if ail elements necessary to the public presentation are present and used, including but not limited to costumes, makeup, sets, lights, properties, sound, artists and orchestra, and if the rehearsal is conducted as if it were a public theatrical stage or dance production, concert or comedy. For events where the performance call is not applicable, all hours worked shall be paid at the appropriate hourly rate. ' ) I. I. 2- s (. 5"' 7.5 When there are two (2) school performances within six ( 6) hours technicians shall be paid at the appropriate hourly rate for the applicable hours worked. In such situations meal breaks may be less than one (1) hour and will be paid. Article 11 does not apply. 7.6 The minimum crew call shall be one (1) House Technician. Additional House Technicians required for a shift shaiij'(ietermined solely by HC. t' ' 7.7 In the event technicians are given a two and one-hah (21/2) hour break, or more, a new minimum call will begin when work is resumed. 7.8 For all work perform~ between the hours of 24:00 hours and 08:00 hours of the following day, tecnn1c1ans shall be paid at two (2) times the regular hourly rate with the exception of a load-out call. Where Load out calls start before midnight and continue past midnight, the first four (4) hours of the call shall be paid at the applicable hourly rate at the start of the shift. Hours paid at two (2) times the regular hourly rate shall be excluded from the calculation of weekly hours worked for the purpose of determining overtime as described in paragraph 7.9.

6 7.9 For all work performed by technicians in excess of forty-four (44) hours in a week, one and one-half (1.5) times the regular hourly rate shall be paid. Performance Calls shall be included in this calculation For all other work performed by technicians in excess of twelve ( 12) hours in a day, one and one-half (1.5) times the regular hourfy rate shall be paid. Performance Calls shall be excluded from this calculation There will be no pyramiding of overtime payments Opportunity for Seventh Day of Work in a Work Week. Definitions: 'Work Week": The work week begins on Monday at 12:01 a.m. and ends on Sunday at 12:00 midnight. "Normal Work Week": The normal work week for House Technicians shall be a schedule of six (6) days' work. The definition of a normal work week is not a guarantee of days or hours per week. House Technicians shall be offered the first opportunity to work on a seventh (ih) day in a Work Week where the House Technician is a member of the stage crew for an activity in the theatre during a Normal Work Week and an additional activity is scheduled in the same theatre on what would be the seventh (7th) day of work for the House Technician For all work performed on the seventh (7 111 ) day, all technicians will be paid at one and one-half times (1.5) times the regular hourly rate. These hours worked will be excluded from the calculation of weekly hours worked for the purpose of determining overtime as described in paragraph 7.9. ARTICLE 8- HOUSE TECHNICIANS 8.1 HC shall employ three (3) House Technicians at the Enwave Theatre and House Technicians shall be the first to be called for work at HC. It is agreed that the House Technicians shall not accept any other work assignments that may conflict with their scheduled commitment to HC without the approval of HC management. House technicians are not required to accept calls for Camp Open Houses. 8.2 Beginning on the signing date of this agreement, when a House Technician, as noted in Article 8.1, receives a call for work, and when less than forty four ( 44) hours of employment in the week are expected, then: - when work is scheduled to take place over a period of two (2) consecutive days or less, the minimum pay for the House Technicians called shall be no less that the equivalent of sixteen ( 16) regular time hours. - when work is scheduled to take place on non-consecutive days during the same week, the minimum pay for the House Technicians called shall be no less than the equivalent of twenty (20) regular time hours. 8.3 It is agreed that paragraph 8.2 does not apply to those weeks where Camp Open Houses occur. 8.4 The Union agrees that HC has the sole right to select and hire the House Technicians. When recruiting for any new or replacement House Technician, the following process shall be followed: HC will first request and consider a list of qualified candidates from the Union only;

7 HC will interview appropriate candidates from such list and select a member of the Union whom HC deems to have the required qualifications; Should HC determine that there is not a suitable candidate from the list provided by the Union, HC will demonstrate and discuss with the Union the reasons why there is no suitable candidate after which HC may hire an applicant who is not a member of the Union. Should this occur the successful applicant shall be employed under the terms of this Agreement and after successful completion of their probationary period shall be required to become a member of the Union. ARTICLE 9- NON DEPARTMENTAL 9.1 The Union accepts that all technicians employed under this Agreement shall work without regard to department. ARTICLE 10-STATUTORY HOLIDAYS The following holidays shall be deemed to be Statutory Holidays for the purpose of this Agreement: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday (August), Labour Day, Thanksgiving Day, Christmas Day, Boxing Day 10.2 Where a House Technician qualifies for public holiday pay in accordance with the Employment Standards Act, 2000, the House Technician shall be paid in accordance with the Employment Standards Act, 2000 or a minimum of 5 hours at the regular hourly rate, whichever is greater Casual Technicians shall be paid public holiday pay in accordance with the Employment Standards Act, 2000 for each Statutory Holiday where applicable 10.4 All technicians who perform work during the hours of a Statutory Holiday as defined by the Employment Standards Act, 2000, shall receive one and and-half (1.5) times the regular hourly rate for hours actually worked. ARTICLE 11 - MEAL BREAKS 11.1 No Technician shall be required to work more that a single five (5) consecutive hour period in a day without a meal break of one (1) hour in duration. Meal breaks are unpaid Should a meal break of less than one (1) hour occur, Technicians shall be supplied with food and beverage at HC's expense. Meal breaks of less than one (1) hour duration will only occur in consultation with the Union shop steward. The food supplied should be adequate as agreed upon by the Union shop steward or the Business Agent and HC's representative at the Enwave Theatre and the same type of food shall not be supplied at two (2) consecutive meal breaks unless agreed to by the Union shop steward or Business Agent Except during performances and rehearsals Technicians shall be given a fifteen (15) minute break with pay during each four (4) or five (5) hour call. The time of such break shall be at HC's discretion though best efforts will be made to commence the break at the midpoint of the call.

8 11.4 All technicians shall be supplied with food and beverage at HC's expense during meal breaks occurring between the hours of midnight and 8:00 a.m. ARTICLE 12-WORKERS' COMPENSATION 12.1 HC agrees to place all technicians supplied by the Union under the protection of the insurance plan in place for HC employees which provides benefits arising from a workplace accident or injury. ARTICLE 13- TRUCK LOADING 13.1 The loading and unloading of trucks carrying show materials shall be done by union members. ARTICLE 14 - GENERAL 14.1 HC may determine the need to use casual technicians as Special Operators. Those Special Operators, designated by HC, when they are working as Special Operators, shall be paid at the Special Operators rate. Special Operators shall be casual technicians who are required to operate follow spots, automated scenery, projection equipment, audio consoles, lighting consoles or such other special devices that are determined by HC as requiring special skills The Business Agent of the Union, or Union representative, is to be admitted at all reasonable times, excluding during performances, to supervise the working conditions of th~ technicians coming under the terms ol this Agreement. The Business Agent of the Union or Union Representative shall make their best effort to advise HC in advance of his or her intention to attend and supervise working conditions. The Business Agent or Union Representative's presence in the workplace shall not impede or interfere with the work being performed and at no lime shall meetings be held with technicians during working hours HC shah use best efforts to provide a programme credit for the Union and each House Technician as long as space permits and provided such matter is within the control of HC The use ol cellular phones, personal digital assistants and laptops during load-in, load-out, rehearsals and performances is prohibited with the exception of HC work or business related communications. ARTICLE 15- LAYOFF OR TERMINATION OF EMPLOYMENT 15.1 It is agreed that HC may lay off or terminate any House Technician covered under Article 8 by giving notice, or pay in lieu, in accordance with the Employment Standards Act. This clause shall not apply to a technician terminated for reasonable cause, including but not limited to, dishonesty and/ or intoxication (drugs or alcohol), in which case no notice shall be necessary.

9 15.2 No House Technician who has completed the probationary period shall be disciplined or terminated without reasonable cause. Each House Technician shall be on probation for the first 60 days worked from the first date of hire. During the probation period HC may discipline or terminate the employee at its sole discretion and without establishing cause provided HC has not acted in a manner that is arbitrary, discriminatory or in bad faith The Union agrees that a technician shall give HC two (2) weeks notice of resignation except where the resignation is due to the non-payment of wages, in which case the technician can resign without nolice. ARTICLE 16-UNION'S OBLIGATION 16.1 The Union is a member of the International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada and HC shall therefore not require the Union to do any act or omit to do any act or accept any obligation which is inconsistent with the duties and obligations which are imposed upon the Union or its members by the Constitution and by-laws of the International providing that the foregoing shall in no event be construed or applied so as to contravene any applicable Provincial or Federal Law or terms of the Agreement. The Union acknowledges that no clause within this Agreement is in violation of the Constitution and By-laws and nothing herein shall be construed as authorizing the Union to counsel, procure, authorize or encourage an illegal work strike, work stoppage or slow down of any kind. ARTICLE 17- SAFETY STANDARDS 17.1 HC, the Union and the technicians agree to comply with their obligations under the Occupational Health and Safety Act, R.S.O. 1990, c While performing all overhead work, HC will take all reasonable precautions to prevent injury and ensure the safety of any technician working on the stage below. ARTICLE 18- WAGES AND PAYROLL 18.1 HC agrees to pay all technicians in the bargaining unit as defined in Article 2 not less than the schedule of rates listed below: Hourly Rate Hourly Rate Hourly rate House Technician Rate 1 Regular Hourly Rate Performance Rate Video Rate House Technician Rate 2 Regular Hourly Rate Performance Rate Video Rate Crew/Casual Technician Regular Hourly Rate Performance Rate

10 Video Rate Special Operator Regular Hourly_ Rate Performance Rate Video Rate this Rate 1 applies to one current House Technician only. For all other House Technicians currently employed or newly employed in the future, Rate 2 applies HC and the Union agree that technicians shall be paid on a bi-weekly basis for the services performed at rates not less that the amounts set out In this Agreement: and that payments shall be on Thursday, if by cheque, or Friday, if by direct deposit, for the two week period ending on the previous Sunday Timesheets and associated payroll information must be properly submitted in accordance with HC policy. Timesheets or paperwork not submitted on time in order to be paid on the appropriate payday as specified in article 18.2, shall be paid on the following payday All wages are paid in Canadian currency and shall be subject to the applicable Federal and Provincial statutory deductions including income tax, E.l., and C.P.P. ARTICLE 19-RECORDING, BROADCAST AND MOTION PICTURES 19.1 Any television, motion picture making, audio recording, live streaming or videotaping done for the purposes of promotional, publicity, marketing or archival purposes for HC or a user of the Enwave Theatre may be done without restriction or additional cost provided that: a) HC has given reasonable notice to the Union b) If the final product is for broadcast on television or radio it is five (5) minutes or less in length, exclusive of interviews. 19,2 Multi-track audio recording'\hall be allowed for the group known as MArt of Time Ensemble" performances provided that these recordings will not be used to create or provide a product for sale. Should the group known as MArt of Time Ensemble" desire at a later date to use these recordings for a commercial purpose they must get permission in writing from both HC and the Union and pay any related fees. Such fees shall be outlined in the filming/recording permit and shall include at least an additional payment to the technicians of one half (0.5) of a performance call Up to three (3) camera video recording of a performance and/or rehearsal shall be allowed for non-commercial purposes provided that not more than two (2) videographers are required. For clarity this means that if there are three (3) cameras, the third is fixed and other than being turned on requires no more operation. In addition the appropriate filming/recording permit must be filled out and approved in advance. Such permits will outline the allowed uses of the recordings For work performed by technicians relating to commercial video recording, television, or motion picture making, technicians shall be paid at the prevailing hourly video rate. ARTICLE 20- VACATION 20.1 Vacation leave, without pay, must be scheduled by mutual agreement in accordance with HC's operating needs. HC must approve all requests for vacation leave and shall not unreasonably refuse vacation leave.

11 20.2 Regarding vacation pay, HC agrees to remit monthly to IATSE Local 58 the following payments, to be held in trust for the credit of each technician engaged by HC under this Agreement: (a) an amount equal to 6% of wages eamed in the previous month by House Technicians who have successfully completed their probation, and (b) an amount equal to 4% of wages eamed in the previous month by Casual Technicians and House Technicians on probation ARTICLE 21 -LEAVES OF ABSENCE 21.1 In the case of a death in the immediate family, as defined in Article 21.2, House Technicians will be granted leave for up to three (3) consecutive work days. House Technicians will be compensated for actual work missed to a maximum of seven (7) regular hours per day for any of the three bereavement days that were scheduled work days Immediate family member is defined as spouse/partner, parents, parents-in-law, siblings, children, step-children, legal guardian or ward 21.3 In the case of a death of other family members, as defined in Article 21.4, House Technicians will be granted one (1) day of leave. House Technicians will be compensated for actual work missed to a maximum of seven {7) regular hours for the scheduled work day Other family member is defined as grandparents, grandchildren, sister/brother-in-law, niece, nephew, aunt, uncle 21.5 House Technicians will be provided with a maximum of six {6) paid sick days per calendar year. If a House Technician misses a scheduled call due to personal illness, the House Technician will be compensated for seven (7) hours at the regular hourly rate of pay. Sick days are not owed and do not carry over should they not be used during the year. The House Technician must advise their supervisor as soon as possible or at least four (4) hours prior to the start of the work call if he/she will be absent from work due to personal illness. A doctor's note is required for absences longer than three (3) consecutive days or at the request of HC at its discretion If a House Technician is required to serve as a juror or is subpoenaed as a witness, he/she will be granted the time off without pay Leave of Absence shall mean an absence from work requested by a House Technician in writing by completing the HC form and approved by HC. Any such leave shall be without pay or any other form of compensation. The granting of any such leave shall be at the sole discretion of HC For the purpose of this Article, House Technicians must have successfully completed 30 days of their probation period. ARTICLE 22 - PARKING 22.1 All technicians are entitled to park at the staff parking lot at the discounted parking rates in accordance with current HC policy and procedures. HC management reserves the right to alter the discounted rates at any time at its sole discretion.

12 I ARTICLE 23- BENEFITS 23.1 In this Article, deduct, deduction and deductions shall refer to an amount or amounts withheld by HC from a technician's pay, and contribute, contribution and contributions shall refer to an amount or amounts paid by HC calculated by reference to the gross wages earned by each technician pursuant to this Agreement HC shall contribute two and one-half percent (2.5%) of wages for all technicians covered under this agreement for the purposes of a Health and Welfare plan, including dental insurance. The Health and Welfare contribution amounts shall be remitted monthly to the Union or the administrator of the plan, as the Union shall direct in writing, not later than the 15 1 ~ day of each month for the previous month, by cheque payable to the "IATSE Local 58 Health and Welfare Benefit Trust". Effective year 2 of this agreement, this contribution shall be increased to three percent (3%). Effective year 3 of this agreement, this contribution shall be increased to three and one-half percent (3.5%). HC's only liability shall be for contributions as provided herein Effective year 2 of this Agreement, HC agrees to participate in the retirement savings plan of the Union known as the "Retirement Savings Plan of IATSE Local58",and shall deduct from each technician who is a member of the Union and a member of the retirement savings plan, two percent (2%) of their weekly gross wages (the Employee RASP Deduction) and shall contribute an amount equal to one percent (1%) of the weekly gross wages for that technician (the HC RASP Contribution). The combined Employee RASP Deduction and the HC RRSP Contribution amounts shall be remitted monthly to the Union or the administrator of the RASP, as the Union shall direct in writing, not later than the 15"' day of each month for the previous month, by cheque payable to the "Retirement Savings Plan of IATSE Local 58". Effective year 3 of this agreement this contribution shall be increased to two percent (2%). HC's only liability shall be for contributions as provided herein HC shall remit to the Union, not later than the 151h day of each month for the previous month, the deductions and contributions referred to in this Article and shall, concurrently with each payment, deliver to the Union a statement containing the names and Social Insurance numbers of all of those technicians in respect of whom deductions and contributions have been made and the respective amount thereof. ARTICLE 24 -SEXUAL HARASSMENT 24.1 Every technician has the right to freedom from sexual harassment in the workplace. Harassment means engaging in a course of a vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. A technician has an obligation to report any incidents of sexual harassment to HC and the Union in writing. HC and the Union will consult with respect to any reported incidents of sexual harassment and the Union agrees to cooperate with HC in resolving the situation. ARTICLE 25- EFFECTIVE DATE AND DURATION 25.1 This Agreement shall commence on July 1, 2014 and shall continue to operate until June 30, 2017 and from year to year thereafter, unless either party, within the period of ninety (90) days before this Agreement ceases to operate, gives notice in writing to the other party of its desire to bargain with a view to the renewal, with or without modifications, of this Agreement, in which case this Agreement shall continue to operate until the parties enter into a new collective agreement.